How do I start a custody case in the county where my child lives? – North Carolina

Short Answer

In North Carolina, a custody case usually starts by filing a child custody complaint (or raising custody in an existing family case) in District Court in the county where the child lives or is physically present. The other parent must be properly served, and the court must have jurisdiction under North Carolina’s child-custody jurisdiction rules (often based on where the child has lived for the last six months). Many counties also require custody mediation before a judge will hold a final custody hearing.

Understanding the Problem

In North Carolina family law, the key decision point is: can a parent start a custody case in the county where the child lives, and what steps are required to open that case in the correct court? The issue usually comes up when one parent wants a court order establishing custody rights (including equal custody) and needs to know the right county and the basic filing steps to get the case on file and moving forward.

Apply the Law

North Carolina custody cases are handled in the General Court of Justice, District Court Division. A custody claim can be filed as its own civil action (often a “CVD” case) or raised inside certain existing family cases. Venue (the proper county) is flexible in many custody cases: the case may be filed in the county where the child resides or is physically present, or in a county where a parent resides. Separately, the court must have jurisdiction to make an initial custody decision under North Carolina’s version of the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), which commonly turns on whether North Carolina is the child’s “home state” (often meaning the child has lived in North Carolina for the last six months).

Key Requirements

  • Proper county (venue): The filing should be in a county allowed by North Carolina’s custody venue rule (commonly where the child lives/is present, or where a parent lives). If there is already a pending divorce/alimony-type case without a final judgment, the custody claim generally must be brought in that existing case rather than starting a separate case elsewhere.
  • North Carolina jurisdiction (UCCJEA): The District Court must have authority to make the initial custody determination, which often depends on whether North Carolina is the child’s home state (or another UCCJEA basis applies).
  • Correct filing and service: A custody case starts with filed pleadings (typically a complaint and summons for a new case) and proper service on the other parent under the civil rules. If custody is raised by motion in an existing case, North Carolina law commonly requires at least 10 days’ notice for custody motions in that pending case.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the goal is to establish parental rights and seek equal custody. If the child lives in a particular North Carolina county, filing in that county is commonly permitted under North Carolina’s custody venue rule. Before filing, it is important to confirm there is no existing pending Chapter 50 case (like divorce or alimony without a final judgment) that would require raising custody in that case instead of starting a new one. It is also important to confirm North Carolina has UCCJEA jurisdiction to make the initial custody decision, which often depends on where the child has lived for the last six months.

For a simple illustration: if the child has lived in North Carolina for at least six months and currently lives in the county where the case is filed, North Carolina is typically the home state and the venue choice is usually appropriate. If the child recently moved from another state and has not lived in North Carolina for six months, the jurisdiction analysis becomes more complicated and may affect whether North Carolina can start the case now.

Process & Timing

  1. Who files: A parent (or another person with a legal basis to seek custody). Where: The Clerk of Superior Court’s office (civil filing) for the General Court of Justice, District Court Division, in the county where the child lives (or another county allowed by the venue statute). What: Typically a civil Complaint for Child Custody and a Civil Summons to open a new “CVD” case; if there is already a qualifying family case pending, custody may be raised by a motion in that case instead of a new complaint. When: There is no single “must file by” deadline to start an initial custody case in most situations, but timing matters if there is a safety issue, a relocation risk, or an existing case that controls where custody must be filed.
  2. Serve the other parent: After filing, the other parent must be served with the summons and complaint (or properly noticed if custody is raised by motion in an existing case). Service problems are a common reason cases stall or hearings get continued.
  3. Move the case toward a schedule: Many North Carolina counties route custody cases into a required custody mediation/parenting coordination process before a final hearing is set. If temporary custody is needed while the case is pending, a party may request temporary relief, but the court generally expects notice and will not change custody without proper process unless a narrow emergency standard is met.

Exceptions & Pitfalls

  • Filing in the wrong case or wrong county: If a divorce/alimony-type case is already pending without a final judgment, North Carolina law may require the custody issue to be joined in that case. Filing separately in a different county can trigger motions to dismiss, transfer, or consolidate.
  • UCCJEA jurisdiction problems: If another state is the child’s home state (or a case is already pending elsewhere), North Carolina may not be able to make the initial custody determination. This is especially important when a child recently moved.
  • Service and notice mistakes: Improper service (wrong address, wrong method, incomplete paperwork) can delay the case and prevent the court from entering enforceable orders.
  • Overreaching on emergency/temporary requests: North Carolina allows temporary custody orders in limited circumstances, but courts scrutinize requests that try to change custody without proper notice unless the statutory emergency standard is met.

For more on how courts evaluate equal custody requests once a case is filed, see getting a court order for 50-50 custody.

Conclusion

In North Carolina, a custody case can usually be started in District Court in the county where the child lives (or is physically present), as long as North Carolina has UCCJEA jurisdiction to make the initial custody decision. The case typically begins by filing a custody complaint and summons (or raising custody in an existing Chapter 50 case) and then properly serving the other parent. The most important next step is to file the custody pleading with the county’s civil clerk and ensure proper service so the court can schedule the case.

Talk to a Family Law Attorney

If you’re dealing with starting a custody case in the county where a child lives and want to pursue equal custody, our firm has experienced attorneys who can help explain the filing options, venue rules, and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.